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Patna High Court

Ashraf AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court directed that the petitioner be released on bail, finding no material evidence against him and deeming the prolonged custody unjustified.

Summary

Ashraf Alam was arrested in connection with a robbery under Section 392 of the Indian Penal Code, where four accused allegedly looted Rs.40,000 from a petrol pump informant at gunpoint. The FIR was registered against unknown persons, but the petitioner’s name appeared in a confessional statement of a co‑accused, who claimed the loot was distributed among them, including the petitioner. No incriminating article was recovered from the petitioner, who had been in custody since 28‑06‑2025, amounting to nine months of detention. The trial court had rejected his bail application, while a co‑accused, Pritam Paswan, had been released on bail. Upon hearing the parties, the Patna High Court noted the lack of material evidence, the prolonged custody, and the petitioner’s clean record, and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The order thus grants regular bail to the petitioner.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the FIR being registered against unknown persons and the inclusion of his name in a co‑accused’s confessional statement
  • Whether the absence of incriminating material and prolonged pre‑trial detention justify the grant of bail

Legislation cited

Subjects

  • bail
  • robbery
  • IPC 392
  • confessional statement
  • pre‑trial detention
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23389 of 2026
                  Arising Out of PS. Case No.-318 Year-2023 Thana- CHIRAIYA District- East Champaran
                 ======================================================
                 Ashraf Alam S/O Akhtar Ali R/O Village- Bada Bodha, P.S.- Sugauli, Distt.-
                 East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun Kumar, Advocate
                                                  Ms. Eashita Raj, Advocate
                                                  Ms. Ginni Priya, Advocate
                 For the Opposite Party/s :       Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   08-04-2026                   Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Chiraiya P.S. Case no.

                   318 of 2023 registered under section 392 of the Indian Penal

                   Code.

                                 3. As per the prosecution case, four accused persons

                   on two motorcycles are said to have looted the informant who

                   worked at the petrol pump of Rs.40,000/- in cash on the point of

                   firearm.

                                 4. It is submitted by the learned counsel for the

                   petitioner that the FIR was registered against unknown. Referring to

                   the order of the learned trial Court rejecting the application for bail of
Patna High Court CR. MISC. No.23389 of 2026(2) dt.08-04-2026
                                            2/3




          the petitioner, it is submitted that the name of the petitioner transpired

          in the confessional statement of a co-accused made before police in

          one another case wherein the co-accused is stated to have said that

          after having committed the loot, they distributed the loot amongst

          themselves including the petitioner. No incriminating article has been

          recovered from the petitioner’s possession and the petitioner is in

          custody since 28.6.2025. The cause of false implication of the

          petitioner is his antecedents. It is finally submitted that co-accused

          Pritam Paswan has been enlarged on bail vide order dated 12.2.2025

          passed in Cr. Misc. no.4843 of 2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the material

          that has transpired in course of investigation as evident from the

          order of the learned trial Court rejecting the application for bail

          of the petitioner, no incriminating article having been recovered

          from the petitioner’s possession and the petitioner having

          remained in custody for nine months since 28.6.2025, the Court

          directs the petitioner to be enlarged on bail in connection with

          Chiraiya P.S. Case no. 318 of 2023 on furnishing bail bond of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
           Patna High Court CR. MISC. No.23389 of 2026(2) dt.08-04-2026
                                                       3/3




                     amount each to the satisfaction of the learned Chief Judicial

                     Magistrate, East Champaran at Motihari.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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